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38 U.S.C. § 4107 — Administrative controls; annual report
Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall establish administrative controls for the following purposes:
(1) To insure that each eligible veteran, especially veterans of the Vietnam era and disabled veterans, and each eligible person who requests assistance under this chapter shall promptly be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance such veteran’s and eligible person’s employment prospects substantially, such as individual job development or intensive services.
(2) To determine whether or not the employment service agencies in each State have committed the necessary staff to insure that the provisions of this chapter are carried out; and to arrange for necessary corrective action where staff resources have been determined by the Secretary to be inadequate.
**(b)** The Secretary shall apply performance standards established under [section 4102A(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/f&num=0&edition=prelim) for determining compliance by the State public employment service agencies with the provisions of this chapter and chapter 42 of this title. Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the performance of States and organizations and entities carrying out employment, training, and placement services under this chapter, as measured under subsection (b)(7) of [section 4102A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102a&num=0&edition=prelim). In the case of a State that the Secretary determines has not met the minimum standard of performance (established by the Secretary under su
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Source location: Title 38, Chapter 41, § 4107; chapter-041-job-counseling-training-and-placement-service-for-veterans.md
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**(a)** The Secretary shall establish administrative controls for the following purposes:
(1) To insure that each eligible veteran, especially veterans of the Vietnam era and disabled veterans, and each eligible person who requests assistance under this chapter shall promptly be placed in a satisfactory job or job training opportunity or receive some other specific form of assistance designed to enhance such veteran’s and eligible person’s employment prospects substantially, such as individual job development or intensive services.
(2) To determine whether or not the employment service agencies in each State have committed the necessary staff to insure that the provisions of this chapter are carried out; and to arrange for necessary corrective action where staff resources have been determined by the Secretary to be inadequate.
**(b)** The Secretary shall apply performance standards established under [section 4102A(f) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/f&num=0&edition=prelim) for determining compliance by the State public employment service agencies with the provisions of this chapter and chapter 42 of this title. Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the performance of States and organizations and entities carrying out employment, training, and placement services under this chapter, as measured under subsection (b)(7) of [section 4102A of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102a&num=0&edition=prelim). In the case of a State that the Secretary determines has not met the minimum standard of performance (established by the Secretary under subsection (f) of such section), the Secretary shall include an analysis of the extent and reasons for the State’s failure to meet that minimum standard, together with the State’s plan for corrective action during the succeeding year.
**(c)** Not later than February 1 of each year, the Secretary shall report to the Committees on Veterans’ Affairs of the Senate and the House of Representatives on the success during the preceding program year of the Department of Labor and its affiliated State employment service agencies in carrying out the provisions of this chapter and programs for the provision of employment and training services to meet the needs of eligible veterans and eligible persons. The report shall include—
(1) specification, by State and by age group, of the numbers of eligible veterans, disabled veterans, special disabled veterans, eligible persons, recently separated veterans (as defined in [section 4211(6) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/6&num=0&edition=prelim)), and servicemembers transitioning to civilian careers who registered for assistance with, or who are identified as veterans by, the public employment service system and, for each of such categories, the numbers referred to and placed in permanent and other jobs, the numbers referred to and placed in jobs and job training programs supported by the Federal Government, the number who received intensive services, and the number who received some, and the number who received no, reportable service;
(2) a comparison of the rate of entered employment (as determined in a manner consistent with State performance measures applicable under section 136(b) 11 See References in Text note below. of the Workforce Investment Act of 1998) for each of the categories of veterans and persons described in paragraph (1) of this subsection with such rate of entered employment (as so determined) for nonveterans of the same age groups registered for assistance with the public employment system in each State;
(3) any determination made by the Secretary during the preceding fiscal year under [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4106&num=0&edition=prelim) or subsection (a)(2) of this section and a statement of the reasons for such determination;
(4) a report on activities carried out during the preceding program year under [section 4212(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212/d&num=0&edition=prelim);
(5) a report on the operation during the preceding program year of programs for the provision of employment and training services designed to meet the needs of eligible veterans and eligible persons, including an evaluation of the effectiveness of such programs during such program year in meeting the requirements of [section 4102A(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/b&num=0&edition=prelim), the efficiency with which services were provided through such programs during such year, and such recommendations for further legislative action relating to veterans’ employment and training as the Secretary considers appropriate;
(6) a report on the operation during the preceding program year of the program of performance incentive awards for quality employment services under [section 4112 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4112&num=0&edition=prelim); and
(7) performance measures for the provision of assistance under this chapter, including—
(A) the percentage of participants in programs under this chapter who find employment before the end of the first 90-day period following their completion of the program;
(B) the percentage of participants described in subparagraph (A) who are employed during the first 180-day period following the period described in such subparagraph;
(C) the median earnings of participants described in subparagraph (A) during the period described in such subparagraph;
(D) the median earnings of participants described in subparagraph (B) during the period described in such subparagraph; and
(E) the percentage of participants in programs under this chapter who obtain a certificate, degree, diploma, licensure, or industry-recognized credential relating to the program in which they participated under this chapter during the third 90-day period following their completion of the program.
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter and chapter 36 of this title—
**(a)**
(1) The term “eligible veteran” means any veteran who—
(A) served on active duty for a period of more than 180 days, any part of which occurred after January 31, 1955, and before January 1, 1977, and was discharged or released therefrom under conditions other than dishonorable;
(B) contracted with the Armed Forces and was enlisted in or assigned to a reserve component prior to January 1, 1977, and as a result of such enlistment or assignment served on active duty for a period of more than 180 days, any part of which commenced within 12 months after January 1, 1977, and was discharged or released from such active duty under conditions other than dishonorable; or
(C) was discharged or released from active duty, any part of which was performed after January 31, 1955, and before January 1, 1977, or following entrance into active service from an enlistment provided for under subparagraph (B), because of a service-connected disability.
(2) The requirement of discharge or release, prescribed in subparagraph (A) or (B) of paragraph (1), shall be waived in the case of any individual who served more than 180 days in an active-duty status for so long as such individual continues on active duty without a break therein.
(3) For purposes of paragraph (1)(A) and section 3461(a), the term “active duty” does not include any period during which an individual (A) was assigned full time by the Armed Forces to a civilian institution for a course of education which was substantially the same as established courses offered to civilians, (B) served as a cadet or midshipman at one of the service academies, or (C) served under the provisions of [section 12103(d) of title 10](https://uscode.house.gov/view.xhtml?re
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3452
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria for Performance Incentive Awards.—**
(1) For purposes of carrying out a program of performance incentive awards under [section 4102A(c)(2)(A)(i)(III) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/c/2/A/i/III&num=0&edition=prelim), the Secretary, acting through the Assistant Secretary of Labor for Veterans’ Employment and Training, shall establish criteria for performance incentive awards programs to be administered by States to—
(A) encourage the improvement and modernization of employment, training, and placement services provided under this chapter; and
(B) recognize eligible employees and employment service offices for excellence in the provision of such services or for having made demonstrable improvements in the provision of such services.
(2) The Secretary shall establish such criteria in consultation with representatives of States, political subdivisions of States, and other providers of employment, training, and placement services under the Workforce Investment Act of 1998 11 See References in Text note below. consistent with the performance measures established under [section 4102A(b)(7) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/b/7&num=0&edition=prelim).
**(b) Form of Awards.—** Under the criteria established by the Secretary for performance incentive awards to be administered by States, an award under such criteria may be a cash award or such other nonfinancial awards as the Secretary may specify.
**(c) Administration and Use of Awards.—** Performance incentive cash awards under this section—
(1) shall be made from amounts allocated from the grant or contract amount for a State for a program year under [section 4102A(c)(7) of thi
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4112
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this title—
(1) The terms “Secretary” and “Department” mean the Secretary of Veterans Affairs and the Department of Veterans Affairs, respectively.
(2) The term “veteran” means a person who served in the active military, naval, air, or space service, and who was discharged or released therefrom under conditions other than dishonorable.
(3) The term “surviving spouse” means (except for purposes of chapter 19 of this title) a person who was the spouse of a veteran at the time of the veteran’s death, and who lived with the veteran continuously from the date of marriage to the date of the veteran’s death (except where there was a separation which was due to the misconduct of, or procured by, the veteran without the fault of the spouse) and who has not remarried.
(4)
(A) The term “child” means (except for purposes of chapter 19 of this title (other than with respect to a child who is an insurable dependent under subparagraph (B) or (C) of section 1965(10) of such chapter) and [section 8502(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section8502/b&num=0&edition=prelim)) a person who is unmarried and—
(i) who is under the age of eighteen years;
(ii) who, before attaining the age of eighteen years, became permanently incapable of self-support; or
(iii) who, after attaining the age of eighteen years and until completion of education or training (but not after attaining the age of twenty-three years), is pursuing a course of instruction at an approved educational institution;
and who is a legitimate child, a legally adopted child, a stepchild who is a member of a veteran’s household or was a member at the time of the veteran’s death, or an illegitimate child but, as to the alleged father, onl
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary shall estimate the funds necessary for the proper and efficient administration of this chapter and chapters 42 and 43 of this title. Such estimated sums shall include the annual amounts necessary for salaries, rents, printing and binding, travel, and communications. Sums thus estimated shall be included as a special item in the annual budget for the Department of Labor. Estimated funds necessary for proper intensive services, placement, and training services to eligible veterans and eligible persons provided by the various State public employment service agencies shall each be separately identified in the budgets of those agencies as approved by the Department of Labor. Funds estimated pursuant to the first sentence of this subsection shall include amounts necessary in all of the States for the purposes specified in paragraph (5) of [section 4102A(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4102A/b&num=0&edition=prelim) and to fund the National Veterans’ Employment and Training Services Institute under [section 4109 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4109&num=0&edition=prelim) and shall be approved by the Secretary only if the level of funding proposed is in compliance with such sections. Each budget submission with respect to such funds shall include a separate listing of the amount for the National Veterans’ Employment and Training Services Institute together with information demonstrating the compliance of such budget submission with the funding requirements specified in the preceding sentence.
**(b)** There are authorized to be appropriated such sums as may be necessary for the proper and efficient administration of this chapter.
**(c)**
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4106
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Each local board shall develop and submit to the Governor a comprehensive 4-year local plan, in partnership with the chief elected official. The local plan shall support the strategy described in the State plan in accordance with [section 3112(b)(1)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3112/b/1/E&num=0&edition=prelim), and otherwise be consistent with the State plan. If the local area is part of a planning region, the local board shall comply with [section 3121(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section3121/c&num=0&edition=prelim) in the preparation and submission of a regional plan. At the end of the first 2-year period of the 4-year local plan, each local board shall review the local plan and the local board, in partnership with the chief elected official, shall prepare and submit modifications to the local plan to reflect changes in labor market and economic conditions or in other factors affecting the implementation of the local plan.
**(b) Contents** The local plan shall include—
(1) a description of the strategic planning elements consisting of—
(A) an analysis of the regional economic conditions including—
(i) existing and emerging in-demand industry sectors and occupations; and
(ii) the employment needs of employers in those industry sectors and occupations;
(B) an analysis of the knowledge and skills needed to meet the employment needs of the employers in the region, including employment needs in in-demand industry sectors and occupations;
(C) an analysis of the workforce in the region, including current labor force employment (and unemployment) data, and information on labor market trends, and the educational and
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 3141
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “special disabled veteran” has the same meaning provided in [section 4211(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/1&num=0&edition=prelim).
(2) The term “veteran of the Vietnam era” has the same meaning provided in [section 4211(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/2&num=0&edition=prelim).
(3) The term “disabled veteran” has the same meaning provided in [section 4211(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/3&num=0&edition=prelim).
(4) The term “eligible veteran” has the same meaning provided in [section 4211(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4211/4&num=0&edition=prelim).
(5) The term “eligible person” means—
(A) the spouse of any person who died of a service-connected disability,
(B) the spouse of any member of the Armed Forces serving on active duty who, at the time of application for assistance under this chapter, is listed, pursuant to [section 556 of title 37](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title37-section556&num=0&edition=prelim) and regulations issued thereunder, by the Secretary concerned in one or more of the following categories and has been so listed for a total of more than ninety days: (i) missing in action, (ii) captured in line of duty by a hostile force, or (iii) forcibly detained or interned in line of duty by a foreign government or power, or
(C) the spouse of any person who has a total disability permanent in nature resulting from a service-connected disability or the spouse of a veteran who died while a disability so evaluated
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 4101
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in subsection (b), the Secretary shall conduct an annual compliance survey of educational institutions and training establishments offering one or more courses approved for the enrollment of eligible veterans or persons if at least 20 such veterans or persons are enrolled in any such course. The Secretary shall—
(A) design the compliance surveys to ensure that such institutions or establishments, as the case may be, and approved courses are in compliance with all applicable provisions of chapters 30 through 36 of this title;
(B) survey each such educational institution and training establishment not less than once during every 2-year period; and
(C) assign not fewer than 1 education compliance specialist to work on compliance surveys in any year for each 40 compliance surveys required to be made under this section for such year.
(2) The Secretary, in consultation with the State approving agencies, shall—
(A) annually determine the parameters of the surveys required under paragraph (1); and
(B) not later than September 1 of each year, make available to the State approving agencies a list of the educational institutions and training establishments that will be surveyed during the fiscal year following the date of making such list available.
**(b)** The Secretary may waive the requirement in subsection (a)(1) for a compliance survey with respect to an educational institution or training establishment if the Secretary determines, based on the record of compliance of such institution or establishment with all the applicable provisions of chapters 30 through 36 of this title, that the waiver would be appropriate and in the best interest of the United States Government.
**(c)** To the maximum extent feasible, the Secretary, or
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 3693
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Federal law — U.S. Code and appendices · legal_authorities
For the purposes of this chapter—
(1) The term “disability” means a disease, injury, or other physical or mental defect.
(2) The term “veteran of any war” includes any veteran awarded the Medal of Honor.
(3) The term “facilities of the Department” means—
(A) facilities over which the Secretary has direct jurisdiction;
(B) Government facilities for which the Secretary contracts; and
(C) public or private facilities at which the Secretary provides recreational activities for patients receiving care under [section 1710 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1710&num=0&edition=prelim).
(4) The term “non-Department facilities” means facilities other than Department facilities.
(5) The term “hospital care” includes—
(A)
(i) medical services rendered in the course of the hospitalization of any veteran, and (ii) travel and incidental expenses pursuant to the provisions of [section 111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section111&num=0&edition=prelim);
(B) such mental health services, consultation, professional counseling, marriage and family counseling, and training for the members of the immediate family or legal guardian of a veteran, or the individual in whose household such veteran certifies an intention to live, as the Secretary considers appropriate for the effective treatment and rehabilitation of a veteran or dependent or survivor of a veteran receiving care under the last sentence of [section 1781(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section1781/b&num=0&edition=prelim); and
(C)
(i) medical services rendered in the course of the hospitalization of a dependent or survivor of a veteran rece
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) VBA Staffing at Regional Offices.—** The Secretary shall ensure that there is at least one full-time employee assigned to oversee and coordinate homeless veterans programs at each of the 20 Veterans Benefits Administration regional offices that the Secretary determines have the largest homeless veteran populations within the regions of the Administration. The programs covered by such oversight and coordination include the following:
(1) Housing programs administered by the Secretary under this title or any other provision of law.
(2) Compensation, pension, vocational rehabilitation, and education benefits programs administered by the Secretary under this title or any other provision of law.
(3) The housing program for veterans supported by the Department of Housing and Urban Development.
(4) The homeless veterans reintegration program of the Department of Labor under [section 2021 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2021&num=0&edition=prelim).
(5) The programs under [section 2033 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2033&num=0&edition=prelim).
(6) The assessments required by [section 2034 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section2034&num=0&edition=prelim).
(7) Such other programs relating to homeless veterans as may be specified by the Secretary.
**(b) VHA Case Managers.—** The Secretary shall ensure that the number of case managers in the Veterans Health Administration is sufficient to assure that every veteran who is provided a housing voucher through section 8(o) of the United States Housing Act of 1937 ([42 U.S.C. 1437f](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 2003
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) It is the purpose of this section to ensure, by a means providing increased responsibility and authority to directors of Department health-care facilities, that the rates of basic pay for health-care personnel positions described in paragraph (2) in each Department health-care facility (including the rates of basic pay of personnel employed in such positions on a part-time basis) are sufficient for that facility to be competitive, on the basis of pay and other employee benefits, with non-Department health-care facilities in the same labor-market area in the recruitment and retention of qualified personnel for those positions.
(2) The health-care personnel positions referred to in paragraph (1) (hereinafter in this section referred to as “covered positions”) are the following:
(A) Registered nurse.
(B) Physician assistant.
(C) Such positions referred to in paragraphs (1) and (3) of [section 7401 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7401&num=0&edition=prelim) (other than the positions of physician, optometrist, dentist, registered nurse, physician assistant, and podiatrist) as the Secretary may determine upon the recommendation of the Under Secretary for Health.
(3)
(A) Except as provided in subparagraph (B), the rates of basic pay for covered positions in the Department shall be established and adjusted in accordance with this section instead of subsection (b)(1) of [section 7404 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section7404&num=0&edition=prelim) or chapter 53 of title 5.
(B) Under such regulations as the Secretary shall prescribe, the Secretary shall establish and adjust the rates of basic pay for covered positions at the following health
Source: Supplied U.S. Code snapshot — release unconfirmed · 38 U.S.C. § 7451
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